Privacy policy & terms of use

DIGITAL PRIVACY POLICY

Effective and last updated August 12, 2019

NEON DB Corp. has adopted this Digital Privacy Policy ("Digital Privacy Policy"), which describes why and how we collect and use your information, deemed personal or not, provided to us by you or generated through a variety of digital means. It also explains how we share and protect your information, as well as the choices you have relating to your information and how you can contact us. By accessing or using this website or mobile application (collectively, the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you consent to our Privacy Policy. NEON DB Corp. is a duly authorized vendor of VF Outdoor Canada Co. (“Smartwool”) operating the Platform under the authorization of Smartwool. NEON DB Corp. is providing the products and services. NEON DB Corp. may share your information with Smartwool. Smartwool may also use your information in accordance with Smartwool’s Privacy Policy, as set forth below.

NEON DB CORP. PRIVACY POLICY

COLLECTING INFORMATION

We collect and use your information which is necessary for the purposes identified in this Privacy Policy.

WHAT YOU GIVE US

We collect information you give us or permit us to access. Information may include, but is not limited to, your name, image, birth date, gender, data on physical characteristics (including height, weight, and other body measurements), email and physical address, telephone number, contact lists, social media information and profile, location (GPS) information, activity and performance information, and when necessary, credit card information.

If you share with us a third party’s email address or any other personal information, you must have that party’s consent, an existing business or other relationship with that party, or a personal or family relationship with that party. If this is not the case, then do not share that party’s email address or other personal information.

If you are using a third party’s credit card in connection with the Platform, you represent and warrant that you are duly authorized to use and disclose that information. If this is not the case, then do not share that party’s credit card or other personal information.

WHAT WE COLLECT FROM YOU

We may automatically collect or generate information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.

WHAT WE COLLECT FROM OTHER SMARTWOOL INTERACTIONS AND THIRD PARTIES

We may combine information you give us, or information collected from you, with other information from Smartwool sources, transactions and communications. This may include, but is not limited to, information from Smartwool stores, direct mail, catalogues, events, products and applications, or other Smartwool interactions. We may also combine that information with data that is publicly available and data from third parties. We also collect information about gift recipients provided by the giver.

CHILDREN'S PRIVACY

Although the Platform is intended for persons who are of legal age, younger visitors may browse the Platform. As much as possible and if we are aware of it, we do not knowingly collect or solicit personal information from children under 13 without the consent of their parents or legal guardian.

USING INFORMATION

We may use your information to do the following:

Platform Functionalities

  • Enable your use of the Platform and related products and services
  • Enhance, customize and personalize your Smartwool experiences and communications with us
  • Use our features, such as placing an order for Smartwool products and other services or activities

Operate, Improve and Analyze

  • Operate, provide, improve and maintain Smartwool‘s products and services, including analyzing user behavior and trends
  • Send you administrative messages and other information about the Platform or Smartwool products, services or activities
  • Communicate with you about your purchase, account information or customer service

Provide and Conduct Marketing and Promotions

  • Communicate with you about our products, services and events, and for other promotional purposes
  • Administer contests, promotions, events, surveys or other features
  • Display relevant marketing to you

Other Purposes

We may also use your information in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

SHARING INFORMATION

SMARTWOOL FAMILY

In order to process your transaction for Smartwool products and for marketing purposes or other communications that you have opted to receive, we may provide your information to Smartwool companies and affiliates, including VF Corporation, and its subsidiaries, some of which may be outside of Canada and the U.S.

SERVICE PROVIDERS

We may transfer your information to Smartwool Family service providers to conduct our business. For example, they may handle credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer features.

BY LAW OR TO PROTECT RIGHTS

We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others' rights, property or safety. We may share information to prevent illegal uses of NEON DB Corp’s products and services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

BUSINESS TRANSFERS

Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of NEON DB Corp. If this should happen, notice will be provided by posting to the website or other form of communication and we will require that such third party agree that it will be similarly bound by the provisions of this Privacy Policy.

PUBLIC SHARING

Default Sharing

When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture. If you do not agree to that sharing, then please do not join or use those services.

Sharing You Choose

You may choose to share certain information. In order to participate in certain features, you may have to adjust your privacy settings and share more information. You may also choose to share your activity on other platforms, such as social networks. By using any link or feature related to a social network or any other third-party website, you agree that the information that you send through these third-party websites is subject to the privacy polices of those third parties. Please be aware that we do not control third-party websites and the fact that they are listed on the Platform does not incur NEON DB Corp’s liability. We encourage you to read the privacy policies of these social networks and third-party websites.

PROTECTING INFORMATION

Security Measures: We use a variety of security measures, including physical measures, encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology. We keep our mandatories and employees as well as our services providers informed of the content of our Privacy Policy and importance of protecting privacy, confidentiality and security of information. Access to your information is limited to persons who must have that access. NEON DB Corp contracts with third-party providers for the storage of all information collected, including personal information. Your personal information is kept and stored on our behalf in the U.S. and Canada. All data is stored on servers with high-security safeguards and protected against misuse and access from unauthorized individuals.

NO GUARANTEE

However, like other companies, and as no security measure is foolproof, we cannot guarantee 100% the security or confidentiality of the information you provide to us.

COLLECTION TOOLS

How We Collect Information

NEON DB Corp. automatically collects information within our products and services or stored by your browser or Device. We use a variety of methods to collect this information, including, but not limited to, cookies and pixel tags/web beacons ("Collection Tools"). The information collected through the Collection Tools may include your (i) IP address; (ii) unique cookie identifier, cookie information and information on whether your Device has software to access certain features; (ii) unique Device identifier and Device type; (iv) domain, browser type and language; (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about our interaction with your Platform such as click behavior, purchase and individual preferences; and (ix) access time and referring URLs. Collection Tools enable us to customize and improve our content according to your preferences.

In many cases, your web browser or Device platform will provide additional tools to allow you to control when your Device collects or shares particular categories of information. For example, your web browser or Device may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your Device.

Turning off Collection Tools

If you turn off certain Collection Tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. Note our websites may not recognize or respond to Do Not Track (DNT) headers from web browsers.

CHOICES

Modifying or Deleting Your Information

You can modify or delete your profile within certain of our services, through your account. Your information previously posted may still be publicly viewable. NEON DB Corp. may keep information and content in our backup files and archives.

COMMUNICATION/UNSUBSCRIBE/OPT-OUT

Regardless of the settings you select, NEON DB Corp. may send you service-related communications. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the email, text message, notification or other message type. If you have unsubscribed from any of our communications, due to production schedules, you may receive communications already in production.

INTERNATIONAL USERS

Our digital operations are conducted, in whole or in part, in Canada and the United States. Regardless of where you live, you hereby express consent to have your personal data transferred, processed and stored in Canada and the United States, and allow NEON DB Corp. to use and collect your personal information in accordance with this Privacy Policy.

RETENTION OF YOUR INFORMATION

We retain your information for as long as necessary to fulfill the purposes for which we collect it, except if otherwise required or permitted by law.

TERMS OF USE

Please visit our “Terms of Use (below)”, which explain other terms governing the use of the Platform and our products and services, including the governing law and jurisdiction.

YOUR RIGHTS RELATED TO YOUR PERSONAL INFORMATION

At all times, you have the right to withdraw your consent with respect to our use of your personal information. You also have the right to access your personal information and to modification or deletion, in the event your personal information as stored by us or on our behalf is incorrect or otherwise unlawful. Please refer to the “Contact Us” Section to find out more about you can communicate with use.

CONTACT US

We welcome your questions, comments and concerns about our Privacy Policy and privacy practices. If you wish to provide us with any feedback, or if you have any requests, questions or concerns about our Privacy Policy and privacy practices, please contact us at: Attn: NEON DB Corp. Privacy Policy Customer Service: privacy@neondbcorp.com.

SMARTWOOL PRIVACY POLICY

Smartwool (defined solely in the Smartwool Privacy Policy also as, “we,” “our,” and “us”) recognizes that you care how information about you is used and shared and respects your privacy. This Privacy Policy describes what information we may collect from you, how we collect that information, how we use that information, and the choices you have regarding your information. By using this website, mobile applications, or providing information to us in other ways, you agree to be bound by this Privacy Policy.

This Privacy Policy was lasted updated August 12, 2019, and may be updated from time to time. Please check back periodically for further updates and changes. The most updated version will be the one that is available on this website.

WHAT INFORMATION ABOUT ME IS COLLECTED AND STORED?

Information You Provide

We collect and store information that you provide to us through this website and our website we operate in the United States (Smartwool.com) (“US Site”) in our stores, through our customer service representatives, at events, through mobile applications, through marketing efforts, including contests, sweepstakes and events, and through third parties, or any other way we interact with you. We are one of the VF Corporation family of brands and may also receive information about you from other brands held by VF Corporation.

You may choose not to provide certain information, but then you might not be able to take advantage of certain capabilities of our websites, our mobile applications or other services we may offer.

We may request, collect and store some or all of the following types of personal information: name, billing address, shipping address, e-mail address, telephone number, gender, personal interests, and birthday. We may also maintain a record of your product interest and purchases.

If you access our US Site or mobile applications with your log-in credentials from a social networking site (e.g. Facebook, Pinterest, or Twitter) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this to the information we have already collected from you via other interactions.

When you download or use our mobile applications, we may receive information about your location and your mobile device. We may use this information to provide you with location-based services like local store information, search results, and other personalized content. Most mobile devices allow users to disable location services by using controls located in the device's settings menu. If you have questions about how to disable your device's location services, please contact your mobile service carrier or your device manufacturer.

Automatically Collected Information

We may collect and store certain other non-personally identifiable information automatically whenever you interact with us. For example, we may collect your Internet Protocol (IP) address and browser information and reference site domain name if you visit the US Site and analyze this data for preferences, trends, and site usage statistics.

We may also collect information by using cookies, web beacons, and related technologies in order to analyze and understand how the US Site is used and to enhance your visits to the US Site. For example, we may use cookies and related technologies to: (i) customize account pages for you, (ii) track user visits and account features, (iii) determine what features and pages are most frequently requested or visited, and (iv) save your password so you do not have to provide it each time you visit the US Site.

We use third-party companies to provide Internet data hosting and to help us measure and determine how visitors use the US Site and the effectiveness of our websites and promotions in order to help us improve and optimize our website and the products and services we offer. We also use third-party companies to serve advertisements (banners or links) on our behalf across the Internet. These companies use tracking technologies (including cookies and pixel tags) to collect non-identifiable information about your visits to our website and your interactions with our products and services in order to provide tailored advertisements based on your interests and browsing of our US Site (remarketing) on our behalf and on behalf of other advertisers across the Internet. We use third-party audience data (such as age, gender, and interests) to better understand and advertise to audiences that visit our US Site. We do not use or associate personally identifiable information with remarketing lists, cookies, data feeds, or other anonymous identifiers.

In addition, some of our e-mail communications to you may include a "click-through URL" linked to a particular page on the website. By clicking on one of these URLs, you will automatically enter our website and we may collect information related to the "click-through." You may avoid having this information collected by not clicking on URL links in our e-mail communications.

Information from Other Sources

We may collect information about you from third-party sources and information that is publicly available. For example, information you submit in a public forum (e.g., a blog, chat room, or social network site) can be read, collected, or used by us and others, and could be used to personalize your experience. You are responsible for the information you choose to submit in these instances. Another example, is that we may receive demographic information about you from a third party to make our service and marketing efforts more efficient and personalized for you.

HOW IS INFORMATION USED?

We use the personal information we collect to conduct our business, communicate with you, and provide great products, services, and experiences. We or third-party service providers we engage may use the information to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations, to provide customer service, to respond to your comments, questions or complaints, to personalize your experiences, to analyze your preferences and shopping habits, to analyze trends and statistics, to administer and fulfill our contests and other promotions, to analyze and improve the website and our products and services, and to send you marketing communications and other information regarding our products, services, marketing, or special events. We also use your information for business purposes such as security, payment processing, analytics, operations, fraud detection, reporting, making back-ups, and legal compliance.

You always have the choice not to receive marketing communications. For instructions on opting out of those communications, please see the section entitled “Can I Indicate Whether or Not I Want to Receive Promotional Communications?” below.

We may display personal testimonials/reviews of satisfied customers on this website in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at js_customer_services@vfc.com.

WITH WHOM IS INFORMATION SHARED?

Except with your consent or as described in this Privacy Policy, we do not sell, rent, or share with third parties any of your personal information.

We may share your personal information with other brands within the VF Corporation family of brands.

We may share personal information with certain third parties that perform services on our behalf. The services provided by those third parties may include: operating the website, hosting the website, providing the products and services you request, authorization and processing of your payments, product fulfillment, fraud protection and credit risk reduction, product customization, marketing and promotional material distribution, loyalty program management, promotions fulfillment, web site evaluation, data analysis and, where applicable, data cleansing. Those third parties are not authorized to use or disclose personal information you provide to us on or through this website for any purpose other than to perform the services designated by us.

We may share personal information with a third party if we are required by law to disclose that personal information. For example, we may be required to disclose personal information to respond to a subpoena, court order, or other legal process. We may also disclose this information in response to a law enforcement agency's request, or where we believe it is necessary to investigate or address unlawful acts or acts that may endanger the health or safety of a consumer or the general public, to verify or enforce compliance with the terms of use and policies that govern our website or as otherwise required or permitted by law. In addition, the personal information you provide to us may be transferred as an asset in connection with a merger or sale involving all or part of Smartwool or as part of a corporate reorganization, stock sale or other change of control.

WHAT ABOUT THE PRIVACY OF CHILDREN UNDER 13?

We do not intend to collect personal information from anyone who is under the age of 13. If you are under the age of 13 you should not provide any personal information to us and you should use this website only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 13 and suspect he/she has provided personal information on or through the website, please contact us as set forth below under "How Can I Contact You Regarding This Privacy Policy?"

WHAT STEPS ARE TAKEN TO KEEP PERSONAL INFORMATION SECURE?

The security of your information is important to us. We have instituted security procedures and measures to protect our servers and networks that store personal information. Unfortunately, no transmission of information over the Internet can be guaranteed to be 100% secure and, therefore, we cannot ensure or warrant the security of any information. In order to help protect personal information you provide to us, you: (i) should not share your password or account information with others, (ii) should use a secure web browser, and (iii) should change your password frequently. If you wish to cancel a password, or if you become aware of any loss, theft, or unauthorized use of a password, please contact us as set forth below under "How Can I Contact You Regarding This Privacy Policy?"

HOW CAN I ACCESS, CORRECT, AND UPDATE PERSONAL INFORMATION?

You may access, correct and update certain personal information that you have provided to us by contacting us with your request as set forth below under "How Can I Contact You Regarding This Privacy Policy?"

We reserve the right to retain any personal information reasonably necessary to appropriately document our business activities and for archival and record retention purposes. We will store personal information for as long as reasonably necessary for the purposes described in this Privacy Policy. You may find out more details regarding this Privacy Policy by contacting us as provided below under "How Can I Contact You Regarding This Privacy Policy?"

CAN I INDICATE WHETHER OR NOT I WANT TO RECEIVE PROMOTIONAL COMMUNICATIONS?

There are several ways in which you can tell us whether or not you want to receive promotional communications from us. If you have signed-up for our e-mail list, you will be able to change your e-mail preferences by clicking on an "unsubscribe" hyperlink contained in promotional e-mails we send you. Please note that removal of personal information from our database or "opting-out" will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request.

WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?

This website may contain links to or from websites to which this Privacy Policy does not apply ("Linked Websites"). Please be advised that the practices described in this Privacy Policy do not reflect the practices regarding information collection, use and disclosure of Linked Websites or the owners or operators of those Linked Websites. Your use of Linked Websites will be governed by the terms of use, privacy policies, and other terms, notices, and policies set forth on or referenced in those Linked Websites. We encourage you to be aware of when you leave this website and to read the privacy policies of each and every website that you visit.

HOW CAN I CONTACT YOU REGARDING THIS PRIVACY POLICY?

If you have any questions or concerns regarding your privacy or the Privacy Policy you can send a request with your concerns or any further questions to us by using the contact information provided below:

By E-mail:
Attn: Smartwool Privacy Policy
Customer Service
customerservice@smartwool.com

By Mail:
Smartwool
Attn: Director of eCommerce
3495 Airport Circle
Steamboat Springs, CO 80487
1-888-879-9665

WHAT IF I AM A RESIDENT OF CALIFORNIA?

California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:

By E-mail:
Attn: Smartwool Privacy Policy
Customer Service
customerservice@smartwool.com

By Mail:
Smartwool
Attn: Director of eCommerce
3495 Airport Circle
Steamboat Springs, CO 80487
1-888-879-9665

WHAT IF I AM AN INTERNATIONAL USER?

Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed, and stored in the United States, and allow Smartwool to use and collect your personal information in accordance with this Privacy Policy.

SMARTWOOL.CA TERMS OF USE

Date of last revision: August 12, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or using this website or mobile application (collectively the "Website") on any computer, mobile phone, tablet, console or other device, you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of NEON DB Corp. (“Neon”). Neon may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website. NEON DB Corp. is a duly authorized vendor of VF Outdoor Canada Co. (“Smartwool”) operating the Website under the authorization of Smartwool. NEON DB Corp. is providing the products and services.

INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Generated Content) is owned by NEON DB Corp., Smartwool or its respective licensors, which includes materials protected by copyright, trademark, or patent laws. All Smartwool trademarks, service marks and trade names are owned, registered and/or licensed by Smartwool. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work is protected by copyright and is the proprietary property of NEON DB Corp., Smartwool or its respective licensors; All rights reserved.

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase Smartwool products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without Neon‘s prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

PRODUCT ORDERS

Except where prohibited by law, all orders placed through the Platform are subject to Neon’s acceptance. This means that Neon may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and, except for Quebec consumers or consumers of other jurisdictions where the following exclusions are prohibited, without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Neon will issue you a refund. If you return products with the original invoice and in the original package, Neon will issue you a refund within 30 days of receipt by Neon of those returns. If the products received by you from Neon are defective, then Neon will issue you a refund within 90 days of receipt by Neon of evidence of that defect.

Smartwool Guarantee:

Every single item we make, from lifestyle socks to our most technical base layers, comes with our 100% Satisfaction Guarantee.

The Smartwool Promise:

We stand behind everything we make. We promise to make our products with incredible attention to comfort, fit, and durability—because we want you to love our gear as much as we do. And we want our products to be able to support all of your adventures, from exploring new cities to summiting new mountains. So if, for any reason, you aren’t completely happy with your Smartwool® gear within two years of purchasing, we’ll take it back. No problem.

Just fill out the Smartwool guarantee form, send in your product, and we’ll contact you with next steps. We want you to get back to running, skiing, and playing in the outdoors as soon as possible.

The Smartwool will assess each item sent in and replace it with a comparable item based on style, functionality, and price. Please allow four to six weeks for processing.

Canada Smartwool Guarantee Information:

An authorization number is required for all Canadian Guarantee claims. To receive your authorization number, please contact our Canada Smartwool Warranty Team at 1-844-768-9665 or email smartwoolwarranty_canada@vfc.com.

Warranty department hours:
Monday–Friday, 8:30 a.m. – 6:00 p.m. EST

Mailing Address:
Smartwool Canada
3260 Rue Guennete
Saint-Laurent, QC
H4S 2G5

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your Neon account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Neon is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

LINKS

The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Neon does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Neon is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES

The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Neon’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us, in each case consistent with Neon’s Privacy Policy. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Neon its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

You agree to indemnify, defend, and hold harmless Smartwool its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

PRIVACY

Neon’s Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. Neither Neon nor Smartwool is responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Neon is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

Consumer protections laws in some jurisdictions, such as Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the following exclusions and limitations will not apply to you with respect to purchased products.

The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Neon and/or Smartwool disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Neon cannot guarantee and does not promise any specific results from use of the Platform. Neon does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Neon and/or Smartwool does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk. Neon reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

THIS SECTION IS NOT APPLICABLE TO QUEBEC CONSUMERS AND TO CONSUMERS OF OTHER JURISDICTIONS WHERE CONSUMER PROTECTION LEGISLATION PROHIBITS SUCH LIMITATIONS OF LIABILITY. SMARTWOOL AND NEON ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE PLATFORM OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORM. SMARTWOOL AND/OR NEON SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM, EVEN IF SMARTWOOL OR NEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST SMARTWOOL AND/OR NEON FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF SMARTWOOL OR NEON IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, SMARTWOOL’S OR NEON’S LIABILITY SHALL NOT EXCEED CAN$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SMARTWOOL AND/OR NEON IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTWOOL SHALL NOT BE LIABLE FOR ANY DAMAGE THAT RESULTS FROM THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A SMARTWOOL EVENT OR ANY USER GENERATED CONTENT, EVEN IF SMARTWOOL OR NEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MISCELLANEOUS

To the fullest extent permitted by law, you agree that this Platform shall be deemed a passive website solely based in Canada, which does not give rise to personal jurisdiction over Neon in jurisdictions other than Quebec. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and Neon shall be governed in all respects by Canadian law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.

Except for Quebec consumers and consumers of other jurisdictions where prohibited by consumer protection legislation or where otherwise prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of Smartwool products) shall be resolved exclusively in the provincial or federal courts located in Montreal, Quebec. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Montreal, Quebec. By using the Platform, you agree to receive certain electronic communications from Neon. You agree that any notice, agreement, disclosure or other communication that Neon sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Neon’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Neon may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

Neon reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform without notice if you are in breach of these Terms of Use or, with notice if you are not in breach of these Terms of Use. Neon also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.